These terms explain in plain language what you and Milksy can expect from each other when you place an order.
Article 1 – About Milksy and these terms
Milksy is established at Aardenhoek 16 A10, 4817 NE Breda, the Netherlands, and is registered under the trade name Milksy in the Dutch Chamber of Commerce register.
Our details:
- Chamber of Commerce: 76776158;
- email: mail@milksy.nl;
- telephone: +31 85 401 65 77;
- website: www.milksy.nl.
In these terms, Milksy means the business carrying out your order; customer means the person or organisation placing an order; consumer means a customer acting outside a trade or profession; your milk means breast milk supplied for processing; personal material means your milk, placenta or other material supplied for personal processing; end product means the product returned after processing; and order includes your order confirmation and the related arrangements. A gift card is a purchased voucher with a monetary value. Service credit is personal credit provided by Milksy as a service gesture and is not purchased by the customer.
These terms apply to all Milksy offers and orders. A specific written arrangement in an order confirmation takes precedence where it differs. All mandatory consumer rights remain in force. If a term can reasonably have more than one meaning, the interpretation most favourable to the consumer applies.
Article 2 – What you can order from Milksy
Milksy offers services including freeze-drying breast milk, preserving placenta and making personal keepsakes. We also sell separate products such as accessories, packaging, tea, supplements and gift cards.
The product page and order confirmation state exactly what you ordered, what we need, what you will receive, the price and the applicable period.
For a personal service, we process material supplied by you. You confirm that you may lawfully supply it and that it is used only for the personal purpose agreed in the order. Breast milk supplied for processing is not intended for trade or resale.
Important information about safety, use, price, delivery and withdrawal is also shown before you order and included with the order confirmation.
Article 3 – Ordering and prices
An order becomes final when we confirm it. You receive the order confirmation and applicable terms in a form you can retain.
Consumer prices include VAT. Shipping, return, surcharge and other additional costs are shown before the order is placed.
An obvious writing, calculation or system error does not bind Milksy if you could reasonably understand that it was an error. We will contact you so you can confirm the order on the correct terms or cancel without charge.
If a different price or adjustment is needed before processing and it did not already clearly follow from the order, we first ask for your approval.
Article 4 – The quantity of milk ordered and supplied
4.1 Reserved quantity
You select the expected quantity when ordering. We reserve production, equipment, storage and packaging capacity on that basis. On receipt we make a preliminary gross weighing including storage bags and packaging. During processing we weigh only the milk. This net weight is final. For administrative purposes, one gram of final net weight is counted as one millilitre.
4.2 More milk than ordered
If you supplied more milk than ordered, we process the additional quantity for €10 per commenced 250 ml, equal to €40 per litre. This rule is shown before ordering. If the additional quantity cannot responsibly or lawfully be processed, we contact you to agree what should happen to it.
4.3 Less milk than ordered
If you supplied less milk, the agreed price remains due because the reserved capacity can no longer be used for another order. No credit is provided for a difference under 500 ml. From 500 ml, we provide personal Milksy service credit of €10 per complete 250 ml, equal to €40 per litre. A remainder under 250 ml does not count. This credit is not a refund or gift card and never replaces money due by law. It is personal, may only be used for a new freeze-drying service and is valid for six months unless the issuing email expressly states otherwise.
Article 5 – Supplying your milk
You must ensure that your milk is expressed hygienically, frozen as soon as possible, sealed without leakage, clearly marked as required and cooled, packed and transported according to our instructions.
The supply instructions received with your order form part of the order. If they later change materially, the version supplied with the order applies unless an immediate safety change is necessary. Tell us before processing about thawing, leakage, damaged packaging, unusual smell or colour, or possible contamination.
On receipt we inspect packaging, identification, outward condition and temperature. Milk measured by Milksy at 1°C or above is refused. Below 1°C, it may be accepted if the other acceptance criteria are met.
Once received and accepted, we register the shipment and email you. This confirms receipt, not final quality release. Our receipt check is not laboratory testing; we do not routinely test every batch for microbiological, chemical, medical or nutritional composition.
Article 6 – When we refuse or stop processing
We may refuse a shipment or stop processing if the supply instructions were not followed; the measured temperature is 1°C or above; packaging leaks or is not sealed; the milk cannot be reliably identified; it looks or smells unusual; there are concrete safety concerns; or processing may be unlawful.
We explain the reason and contact you as soon as possible. If the cause lies in the supply or missing or incorrect customer information, we charge only reasonable, demonstrable costs for work already necessarily performed. Foreseeable rates are disclosed before ordering. Unperformed work is not charged.
Residual, rejected and unprocessable material is safely destroyed and not returned. We inform you before destroying a whole batch or substantial part rejected before processing, unless immediate destruction is legally required or necessary for a specific safety risk.
If Milksy is at fault and cannot perform, we refund the unperformed part. Article 15 covers any additional loss.
Article 7 – What freeze-drying does and does not do
Breast milk is not naturally sterile and its composition and microbiological quality vary. Freeze-drying removes moisture from frozen milk; it is not sterilisation or pasteurisation. We therefore cannot guarantee an end product free from every microorganism or contaminant.
Milksy follows documented hygiene, cleaning, storage, registration, processing and packaging procedures and remains responsible for careful handling while your milk is under our control.
Colour, smell, taste, structure and powder quantity may vary between batches. Natural composition, fat content, freezing and normal processing loss can affect the result. A natural variation does not automatically mean the product is defective.
We cannot promise an exact final weight or loss-free process and use no fixed standard margin for processing loss, weight or filling. We assess variations using the order, batch record and process. A batch is released only after quality controls.
Shelf life applies only under the storage and use instructions. A shelf-life, preparation ratio or technical claim applies only when Milksy has established and substantiated it for that product. Milksy does not provide medical or individual nutritional advice; consult a qualified healthcare professional where appropriate.
Article 8 – Storage, preparation and use
Always follow the storage, preparation and use instructions on the packaging and supplied with your order. Use clean, dry equipment, reseal packaging and avoid moisture, heat and contamination. Do not use damaged or unsealed packaging and contact us if in doubt.
After receipt, you are responsible for correct storage, preparation and use. This does not remove our responsibility for a defect that already existed before or during delivery.
Article 9 – Placenta and personal keepsakes
9.1 Placenta
We process placenta and other personal materials only for the purpose shown on the product page and order confirmation. Milksy placenta preservation is symbolic or commemorative. We do not advise eating placenta or placenta products and make no related health claims. The product description and confirmation state which end product you receive.
9.2 Personal keepsakes
Handmade keepsakes may naturally vary in colour, shape and appearance. The product page explains expected differences and permitted use. For keepsakes containing breast milk, including epoxy products, soap and jewellery, we use only milk supplied by that customer for that personal order. Relevant supply, refusal, processing, shipping, complaint and liability terms also apply.
Article 10 – Shipping, collection and the Milksy shipping box
10.1 Transport to Milksy
You select, book and pay the carrier to Milksy. Risk remains with you until the shipment is delivered to and actually accepted by Milksy, including when using a Milksy shipping box. The box does not make Milksy the carrier's client.
10.2 Transport from Milksy to you
Milksy books and pays return shipping using PostNL, DHL or DPD. Carrier cover is limited to €500, without limiting your statutory rights against Milksy. We remain responsible until you or a person designated by you receives the shipment. Reasonable extra costs caused solely by an incorrect or incomplete address may be charged to you; costs caused by Milksy are ours.
10.3 Shipping box and cooling elements
The Milksy box and cooling elements remain our property unless agreed otherwise in writing. Return them within five days of receiving the shipment. If late, we first send a reminder and allow at least fourteen additional days. We may then charge actual replacement costs, capped at €100 for a complete box and its parts.
Article 11 – Processing time and delay
11.1 Standard processing
Standard processing takes up to four weeks after Milksy receives all of your milk in identifiable, processable condition.
11.2 Express service
For an ordered express service, we hand the end product to the carrier or directly to you within seven days after complete, processable receipt. Carrier delivery time is excluded. If we expect to miss this period, we notify you promptly and refund the full express surcharge. The rest of the order continues within the standard four-week period without limiting your other statutory rights.
11.3 Delay
The four-week period covers processing and dispatch; carrier delivery time is additional. If we cannot perform on time, we give a new realistic period. If the agreed period is demonstrably essential, performance is permanently impossible, or we also fail after a reasonable additional period, you may terminate the affected part and receive the related refund. Any statutory or expressly agreed final deadline remains valid.
Article 12 – Cooling-off period and cancellation
12.1 Services
As a consumer, you have a statutory fourteen-day cooling-off period for a service, starting the day after the order confirmation. You may cancel the freeze-drying service without charge until we receive your milk, even if the statutory period has ended. A received shipping box must be returned according to our instructions.
Processing starts only after Milksy receives and registers your milk. Sending an empty box is not the start of processing. If we receive your milk during the cooling-off period, we start immediately only if you expressly asked us beforehand to do so. We request this separately.
If you withdraw after we started at your express request but before completion, you pay only a reasonable amount for demonstrably completed work. The statutory right expires only after full performance and your prior express acknowledgement that it would expire. Without a request to start early, we wait until the cooling-off period ends.
12.2 Personalised products
The statutory right may be excluded for a product made to your specifications or clearly personalised. We state this before ordering. It does not automatically apply to every service involving your material. If personal production has begun and you stop for another reason, we discuss what can still be stopped, what happens to the material and which demonstrably completed work is due.
12.3 Separate products
For ordinary products, consumers generally have fourteen days from the day after receipt to withdraw and then fourteen days to return them. You pay direct return costs if disclosed before ordering. Milksy pays necessary return costs for our error or a non-conforming product.
We refund the amount due, including the cost of our least expensive standard delivery, within fourteen days after withdrawal. We may wait until receipt or proof of return. Refunds use the same payment method unless you agree to another method without charge. For a genuinely sealed product unsuitable for return for health or hygiene reasons, the right expires once you break the seal, where disclosed before ordering.
12.4 How to withdraw
You may withdraw by email to mail@milksy.nl, by post to Milksy, Aardenhoek 16 A10, 4817 NE Breda, using the statutory model form supplied before or with confirmation, or through our online withdrawal function. We immediately acknowledge an online withdrawal with its date, time and order.
Article 13 – Payment, gift cards and service credit
You pay using the method and by the deadline stated in the order or invoice. If a consumer pays late, we first send a free reminder and allow fourteen days before charging statutory interest and legally permitted collection costs. We may postpone processing or dispatch while an amount due remains unpaid unless unreasonable or unsafe.
13.1 Gift cards
A purchased Milksy gift card is valid for two years from issue. Its value and dates appear on the card or confirmation. It can be used for all Milksy products and services and is not redeemable for cash unless required by law. Partial use is allowed and the balance remains available until expiry.
A refund for a gift-card-funded part is returned as gift-card credit or an equivalent card; other payment parts are refunded through their original method. An online-purchased gift card has the statutory cooling-off period unless a legal exception correctly applies.
13.2 Service credit
Milksy service credit is personal, usable only for a freeze-drying service and not redeemable for cash. It is valid for six months unless its email states otherwise. It is not purchased and never replaces a statutory refund, warranty remedy or compensation.
Article 14 – Retained sample, photographs and privacy
14.1 Retained sample
Milksy takes about 3 grams of processed milk from each batch as a retained sample, registered to that batch and not returned. It is used only to check that batch or investigate a specific quality report or complaint. Only Milksy's owner has access. It is not used for product development, general research, sale or marketing and is securely destroyed no later than one year after processing.
14.2 Privacy
We process order, batch and customer data under our privacy policy, which explains the data, purposes, retention, recipients and your rights.
14.3 Photographs and consent
We may use photos or videos without separate consent only when genuinely anonymous and not directly or indirectly traceable to a customer, child or order. For identifiable images, names, experiences or information, we always obtain separate prior consent, which you can withdraw as easily as you gave it for future use.
Article 15 – If something goes wrong through our fault
Milksy is responsible for direct loss demonstrably caused by a fault attributable to Milksy.
15.1 Loss of your milk
Breast milk is personal and irreplaceable. If, through our fault, we cannot perform or your milk is lost while under our responsibility, we refund the affected service part and pay a fixed €40 for each lost litre, pro rata for part of a litre, without requiring proof of its financial value. This is agreed compensation, not a purchase price or valuation.
This fixed amount counts towards the liability limit below. Other demonstrable direct financial loss from the same fault is assessed under article 15.2 and the law. Statutory rights to repair, replacement, price reduction or refund are outside the liability cap.
15.2 Other direct loss
For other direct loss, total Milksy liability per order is limited to the amount paid for that order, capped at €2,500. Milksy is not responsible to the extent loss was caused by incorrect, incomplete or unhygienic supply; missing or incorrect customer information; failure to follow clear instructions; or incorrect storage, preparation or use after defect-free receipt.
Where both parties contributed, responsibility is divided by law and relative contribution. To the extent permitted by law, Milksy is not liable for business loss such as lost profit, savings or interruption.
The limitation does not apply to product liability that cannot lawfully be limited, intent or deliberate recklessness by Milksy or its management, statutory warranty remedies, or any other case where limitation is prohibited.
Article 16 – Force majeure
Force majeure is an exceptional circumstance outside Milksy's reasonable control that could not be prevented despite appropriate precautions and makes safe performance temporarily or permanently impossible. Examples may include fire, a prolonged external power failure, an unexpected government measure or unavoidable severe disruption of essential transport. Illness, staff shortage or equipment failure is not automatically force majeure.
We notify you promptly, protect personal material where safe and limit consequences. Only affected obligations are postponed. Either party may immediately end an affected part if safe storage or performance is permanently impossible. You may end the unperformed part after thirty days or when further performance demonstrably no longer serves a purpose. You pay only for correctly performed work and receive the remainder back.
Article 17 – Uncollected or undeliverable products
If an end product cannot be delivered or collected, we contact you using the order details. Where safe, we store it for up to ninety days. Reasonable extra shipping or storage costs caused by customer error or omission may be charged after notice; Milksy-caused costs are not.
After at least two contact attempts, we give a final written response period of at least fourteen days. If you do not respond or select a workable solution, we may securely and permanently dispose of the product after that period.
Article 18 – Complaints and remedies
18.1 Reporting
Check the shipment promptly. Preferably report damage, incorrect delivery, damaged packaging or another issue immediately to mail@milksy.nl, with your order number and photos where possible. Prompt reporting helps investigation but does not limit statutory rights. A consumer report within two months of discovering a problem is always timely.
18.2 Investigation
Keep the product, packaging and remains as reasonably needed and follow safe, reasonable investigation instructions. Stop use and contact us immediately if there may be a safety problem. We acknowledge your complaint and provide a substantive response within fourteen days, or explain why more time is needed and when to expect it.
18.3 Remedy
A product or service must meet the agreement and reasonable expectations. If it does not and Milksy is responsible, we provide an appropriate statutory remedy without charge, such as repair, replacement, price reduction or refund.
Article 19 – Intellectual property
Milksy texts, designs, logos, photographs and other materials may not be copied or commercially used without prior permission, except where permitted by law. This does not affect rights in material you supplied to Milksy.
Article 20 – Dutch law, disputes and changes
Dutch law applies. Mandatory consumer rights of another country remain applicable where the law requires. We first try to resolve a complaint or dispute together. Otherwise, it may be submitted to the court with statutory jurisdiction; a consumer does not waive the court designated by law.
The version accepted with your order applies to that order. We may change terms for future orders; the date and version appear above. If a term is invalid or unenforceable, the others remain valid and the closest applicable legal rule applies without limiting consumer rights.